Facts Cpse

Front 1

HIV testing for minors?

Back 1

California state law provides that minors 12 and older are able to consent to HIV testing and treatment

Front 2

Preganacy treatment for minors?

Back 2

A minor of any age may consent to medical care related to the prevention or treatment of pregnancy . This includes contraception . It does not allow a minor to consent to sterilization .

Front 3

Rape treatment for Minors?

Back 3

A minor who is 12 years of age or older and who is alleged to have been raped may consent to medical care related to the diagnosis or treatment of the condition and the collection of medical evidence with regard to the alleged rape

Front 4

Sexual Assualt treatment for minors?

Back 4

“A minor who is alleged to have been sexually assaulted may consent to medical care related to the diagnosis and treatment of the condition, and the collection of medical evidence with regard to the alleged sexual assault .

Front 5

Child Abuse (Physicians)

Back 5

A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of a child without the consent of the child’s parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect .”

Front 6

When can we not disclose...

Back 6

Under state law, providers may refuse to provide parents or guardians access to a minor’s medical records when “the health care provider determines that access to the patient records requested by the [parent or guardian] would havea detrimental effect on the provider’s professional relationship with the minor patient or the minor’s physical safety or psychological well-being .

Front 7

Abortions & minors...

Back 7

A health care provider is not permitted to share information or records regarding abortion services with a parent or legal guardian without the minor’s written authorization .

Front 8

Disclosure to parents of drug counseling...

Back 8

State law says that when a minor consents for her own drug or alcohol treatment, a health care provider is not permitted to share records with a parent or legal guardian without the minor’s written authorization . Cal .Civil Code §§ 56 .10(a), 56 .11(c); Cal . Health & Safety Code §§ 123110(a), 123115(a)(1) . At the same time, state law requires health care providers to involve the minor’s parent or guardian in the treatment plan, if appropriate, as determined by the professional person or treatment facility treating the minor .The professional person providing care to the minor must state in the minor’s treatment record whether and when the professional attempted to contact the minor’s parent or guardian, and whether the attempt was successful, or the reason why, in the opinion of the professional person, it would not be appropriate to contact the minor’s parent or guardian .

Front 9

Rape disclosure for pts 12 and older...

Back 9

For minors 12 and older: A health care provider is not permitted to share information or records about rape treatment with a parent or legal guardian without the minor’s written authorization .

Front 10

Rape disclosure for pts under 12.

Back 10

For minors under 12 years of age: The health care provider must attempt to contact the minor’s parent or guardian and must note in the minor’s rape treatment record the date and time of the attempted contact and whether it was successful . This provision does not apply if the treating professional reasonably believes that the parent or guardian committed the sexual assault

Front 11

Sexual assault of minors disclosure.

Back 11

The health care provider must attempt to contact the minor’s parent or guardian and must note in the minor’s sexual assault treatment record the date and time of the attempted contact and whether it was successful . This provision does not apply if the treating professional reasonably believes that the parent or guardian committed the sexual assault .

Front 12

Sexual Abuse...

Back 12

Mandated reporters must report sexual abuse . California law defines sexual abuse as “sexual assault” or “sexual exploitation .”

Front 13

Lewd and Lacivious..

Back 13

A “lewd and lascivious act” is an intentional touching of the body, or any part or member thereof, of a child, “with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of that person or the child .

Front 14

What “lewd and lascivious acts” must I report as child abuse?

Back 14

Any lewd and lascivious touching of a child under 14 years old, if the other person is 14 years old or older, irrespective of consent .

Front 15

What “lewd and lascivious acts” must I report as child abuse?

Back 15

Any lewd and lascivious touching of a child 14 years old, if the other person is 24 years old or older, irrespective of consent .

Front 16

What “lewd and lascivious acts” must I report as child abuse?

Back 16

Any lewd and lascivious touching of a child 15 years old, if the other person is 25 years old or older, irrespective of consent .*

Front 17

what is “statutory rape?

Back 17

California Penal Code section 261 .5 makes it illegal to have sexual intercourse with a minor under 18 years old who is not the spouse of the perpetrator, irrespective of consent .

Front 18

What “statutory rape” violations must I report?

Back 18

Sexual intercourse with a minor accomplished with the use of force, violence, duress, menace or fear of immediate and unlawful bodily injury to the victim or another, or intercourse accomplished in any other way without consent

Front 19

What “statutory rape” violations must I report?

Back 19

Sexual intercourse between a minor who is under 14 years old and a partner 14 years old or older, irrespective of consent .

Front 20

What “statutory rape” violations must I report?

Back 20

Sexual intercourse between a minor who is younger than 16 years old and a partner 21 years old or older. irrespective of consent.

Front 21

What sexual activity with a minor should not be reported?

Back 21

mandated reporters should not report consensual intercourse when there are no other indications of abuse and:• A minor is under 14 years old and his or her partner is under 14 years old .• A minor is 14 or 15 years old and his or her partner is over 14 years old but under 21 years old .• A minor is 16 years old or older and his or her partner is 16 or older .

Front 22

What sexual activity with a minor should not be reported?

Back 22

Mandated reporters also should not report consensual touching that otherwise may be deemed a ‘lewd and lascivious act’ when there are no other indications of abuse and..

A minor is under 14 years old and his or her partner is under 14 years old.

• A minor is 14 years old and his or her partner is under 24 years old .• A minor is 15 years old and his or her partner is under 25 years old

Hint 22

both under 14 no report for lewd bx

14 or older no report if partner under 1o years older.

Front 23

Can individuals be held liable for not making reports?

Back 23

Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect . . . is guilty of a misdemeanor punishable by up to six months confinement in a county jail or by a fine of one thousand dollars ($1,000) or by both that imprisonment and fine

Front 24

A report of child abuse is mandated when

Back 24

A report of child abuse is mandated when sexual intercourse has occurred between a person 21 or older and a partner who is under 16 years of age.